1-1  By:  Armbrister                                        S.B. No. 914
    1-2        (In the Senate - Filed March 3, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 29, 1995, reported favorably by the following vote:  Yeas 12,
    1-5  Nays 0; March 29, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to disciplinary procedures for commissioned peace officers
    1-9  and other employees of the Texas Alcoholic Beverage Commission.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
   1-12  is amended by adding Section 5.104 to read as follows:
   1-13        Sec. 5.104.  EMPLOYEE DISCIPLINARY PROCEDURES.  (a)  The
   1-14  commission or the administrator may not take a disciplinary action
   1-15  against a commissioned peace officer or another employee of the
   1-16  commission without just cause or without providing due process.
   1-17        (b)  An officer or employee who is subject to disciplinary
   1-18  action is entitled to an internal appeal of the action before the
   1-19  action becomes final.  The commission shall adopt a rule
   1-20  establishing procedures for an internal appeal and shall provide a
   1-21  written description of the rule to the commission's employees.
   1-22        (c)  The commission shall place an officer or employee who is
   1-23  dismissed for cause on administrative leave without pay until the
   1-24  disposition of the internal appeal.  If the allegations that formed
   1-25  the basis for the dismissal are rejected on appeal, the commission
   1-26  shall reinstate the officer or employee to the person's former
   1-27  status and the officer or employee is entitled to back pay in the
   1-28  amount equal to the pay withheld during the administrative leave
   1-29  imposed by the commission.
   1-30        (d)  In this section, "disciplinary action" means a written
   1-31  reprimand, suspension without pay, demotion for cause, disciplinary
   1-32  probation, or dismissal.
   1-33        SECTION 2.  This Act takes effect September 1, 1995.
   1-34        SECTION 3.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended.
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